District Court, S.D. New York December 29, 2011, No. 07 Cr. 1229(JSR) (United States v. Gardner)

MEMORANDUM ORDER AND JUDGMENT

JED S. RAKOFF, District Judge.

Pending before the Court is the motion of defendants Edward Gardner and Kenroy Gladden for re-sentencing on their crack cocaine and firearms convictions. Gardner and Gladden, joined by the Government, argue that the Fair Sentencing Act of 2010 (“FSA”), Pub.L. No. 111-220, 124 Stat.